36. Union Territories Flashcards
Brief history of creation of UTs:
1874: British rule : certain areas were constituted as the “scheduled districts”. Later, they came to be known as “chief commissioners provinces.”
After,1947: They were kept in the category ‘C’ and ‘D’ states.
1956: they were constituted as the “union territories” by the 7th Constitutional Amendment Act (1956) and States Reorganisation Act (1956).
Gradually some of these UTs are elevated to the Statehood. Thus, Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh and Goa which are states today were formerly UTs.
On the other hand, the territories that were acquired form Portuguese (Goa, Daman & Diu and Dadra and Nagar Haveli) and French (Puducherry) were constituted as the UTs.
At present there are 7 UTs (along with the year of creation)
- Andaman & Nicobar Islands, 1956
- Delhi, 1956
- Lakshadweep, 1956
- Dadra and Nagar Haveli, 1961
- Daman and Diu, 1962
- Puducherry, 1962
- Chandigarh, 1966
Till 1973, Lakshadweep was known by the name of Laccadive, Minicoy and Amindivi Islands.
In 1992, Delhi was redesignated as the NATIONAL CAPITAL TERRITORY of DELHI.
Till 2006, “Puducherry” was known as “Pondicherry”.
What are Union territories in India?
Under ARTICLE 1 Of the Constitution, the territories India comprises three categories of territories:
a) territories of the state
b) union territories
c) territories that may be acquired of the govt of India at any time
At, present there are 29 states, 7 UTs and NO acquired territories.
The states are the members of the federal system in India and share a distribution of power with the centre.
The UTs are those areas which are under the direct control and administration of the central govt. Hence also known as “Centrally Administered Territories” a conspicuous departure from the federalism in India;
The Govt of India is plainly unitary in so far as the relationship between New Delhi and these Central enclaves is concerned.
What are the different reasons behind creation of UTs?
- Political and administrative consideration–Delhi and Chandigarh.
- Cultural distinctiveness–Puducherry, Dadra and Nagar Haveli, and Daman and Diu.
- Strategic importance–Andaman and Nicobar Islands and Lakshadweep Islands.
- Special treatment and care of the backwards and tribal people–Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.
Short note on administration of UTs:
Article 239 to 241 in Part VIII of the constitution deal with the union territories.
One category but various administrative systems.
Every UT is administrated by the president of India acting through an administrator(an ‘agent’ and NOT like a governor–head–of the states) appointed by him.
President can specify the designation of the administrator e.g. Its
“Lieutenant Governor” for Delhi, Puducherry, and Andaman & Nicobar Is. And,
“Administrator” in case of Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep.
The president can also appoint a governor of the state as the administrator of the adjoining UT. (*In that case governor is to act independent of his council of ministers in the state)
The UTs of PUDUCHEERY (1963) and DELHI (1992) are provided with a LEGISLATIVE ASSEMBLY and A COUNCIL OF MINISTERS headed by a CHIEF MINISTER. (*assembly of Puducherry consist of 30 members while that of Delhi 70 members) remaining five UTs does not have such popular political institutions.
But establishment of of such institutions in the UTs does not diminish the supremacy (legislative power) of the president and parliament over them.
However, legislative assemblies of Puducherry and Delhi can also make laws on any subject of the state and concurrent list. (*except land, public order and police in case of Delhi)
The president can make regulations for Andaman & Nicobar Is, Lakshadweep, Dadra & Nagar Haveli, and Daman & Diu.
In case of Puducherry also, president can legislate by making regulations but only when assembly is suspended or dissolved.
A regulation made by the president has the same force and effect as an act of parliament in relation to these UTs.
The parliament can establish a high court for UTs or put it under the jurisdiction of the HC of adjacent state. DELHI IS THE ONLY UT WHICH HAS A HIGH COURT OF ITS OWN (1966).
Constitution does not contain any separate provisions for the administration of acquired territories but provisions for the UTs also apply to them.
What are the special provisions for Delhi?
- CONSTITUTIONALITY:
The 69th CONSTITUTIONAL AMENDMENT ACT of 1991 provided a SPECIAL STATUS to the UT of Delhi, and redesignated it the NATIONAL CAPITAL TERRITORY of Delhi and designated the administrator of Delhi as the LIEUTENANT (lt.) GOVERNOR. It created a LEGISLATIVE ASSEMBLY and COUNCIL of MINISTERS for Delhi. (*previously Delhi had a metropolitan council and an executive council.)
The strength of the assembly is fixed at 70 members, directly elected by people.
The elections are conducted by the election commission of India.
The assembly can make laws on the matters of the state list and the concurrent list except the three matters of the state list, that is, public order, police and land. *LAWS OF PARLIAMENT PREVAIL OVER THOSE MADE BY THE ASSEMBLY.
- COMPOSITION:
The strength of the council is fixed at 10% of the total strength of the assembly, i.e. 7 (CM+6 ministers)
The CM is appointed by the President (NOT by the lt.governor).
The other ministers are appointed by the president on the advice of the CM.
The ministers hold office during the pleasure of the president.
- FUNCTION:
The council of ministers is collectively responsible for the assembly.
The council of ministers headed by CM aid and advice the lt.governor in the exercise of his functions except in so far as he is required to act in his discretion.
In case of difference of opinion between the lt.governor and his ministers, the lt.governor is to refer the matter to the president for decision and act accordingly.
In case of failure of the constitutional machinery, the president can impose his rule in the territory. This can be done on the report of the lt.governor or otherwise. (*this provision resembles Article 356 which deals with the imposition of Presidents Rule in states)
Lt.governor is empowered to promulgate ordinances during recess of the assembly (an ordinance has a same force as the the act of the assembly). Every such ordinance must be approved by the assembly within six weeks from its reassembly (he can also withdraw an ordinance at any time) but he cannot promulgate an ordinance when assembly is dissolved or suspended. Further no such ordinance can be promulgated or withdrawn without the prior permission of the president.
Administrative system of UTs at glance:
- Andaman & Nicobar Is.> Lt. Governor > NO legislature > under Calcutta High Court
- Chandigarh > Administrator > NO legislature > under Punjab and Haryana High Court
- Dadra & Nagar Haveli > Administrator > NO legislature > under Bombay High Court
- Daman & Diu > Administrator > NO legislature > under Bombay High Court
- Delhi > Lt. Governor - CM - Council of ministers > legislative assembly > own separate High Court
- Lakshadweep > Administrator > No legislature > under Kerla High Court
- Puducherry > Lt. Governor - CM - Council of ministers > legislative assembly > under Madras High Court
Compare States and UTs
- States relationship with centre is FEDERAL while UTs are UNITARY
- States share distribution of power with centre while UTs are under the direct control of the centre
- States have AUTONOMY while UTs DO NOT HAVE ANY AUTONOMY
- States have UNIFORMITY in Administrative set-up while there’s NO UNIFORMITY in case of UTs
- States EXECUTIVE HEAD is known as GOVERNOR, while that of UTs is known by many designations–administrator, lt.governors or chief commissioner
- A governor is a CONSTITUTIONAL HEAD of the state while administrator is an AGENT
- Parliament cannot make laws on the subjects of the state list in relation to the states except under extraordinary circumstances on the other hand it can make laws on any subject of three lists in relation to UTs
What are the different reasons behind creation of UTs?
- Political and administrative consideration–Delhi and Chandigarh.
- Cultural distinctiveness–Puducherry, Dadra and Nagar Haveli, and Daman and Diu.
- Strategic importance–Andaman and Nicobar Islands and Lakshadweep Islands.
- Special treatment and care of the backwards and tribal people–Mizoram, Manipur, Tripura and Arunachal Pradesh which later became states.
Short note on administration of UTs:
Article 239 to 241 in Part VIII of the constitution deal with the union territories.
One category but various administrative systems.
Every UT is administrated by the president of India acting through an administrator(an ‘agent’ and NOT like a governor–head–of the states) appointed by him.
President can specify the designation of the administrator e.g. Its
“Lieutenant Governor” for Delhi, Puducherry, and Andaman & Nicobar Is. And,
“Administrator” in case of Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep.
The president can also appoint a governor of the state as the administrator of the adjoining UT. (*In that case governor is to act independent of his council of ministers in the state)
The UTs of PUDUCHEERY (1963) and DELHI (1992) are provided with a LEGISLATIVE ASSEMBLY and A COUNCIL OF MINISTERS headed by a CHIEF MINISTER. (*assembly of Puducherry consist of 30 members while that of Delhi 70 members) remaining five UTs does not have such popular political institutions.
But establishment of of such institutions in the UTs does not diminish the supremacy (legislative power) of the president and parliament over them.
However, legislative assemblies of Puducherry and Delhi can also make laws on any subject of the state and concurrent list. (*except land, public order and police in case of Delhi)
The president can make regulations for Andaman & Nicobar Is, Lakshadweep, Dadra & Nagar Haveli, and Daman & Diu.
In case of Puducherry also, president can legislate by making regulations but only when assembly is suspended or dissolved.
A regulation made by the president has the same force and effect as an act of parliament in relation to these UTs.
The parliament can establish a high court for UTs or put it under the jurisdiction of the HC of adjacent state. DELHI IS THE ONLY UT WHICH HAS A HIGH COURT OF ITS OWN (1966).
Constitution does not contain any separate provisions for the administration of acquired territories but provisions for the UTs also apply to them.
What are the special provisions for Delhi?
- CONSTITUTIONALITY:
The 69th CONSTITUTIONAL AMENDMENT ACT of 1991 provided a SPECIAL STATUS to the UT of Delhi, and redesignated it the NATIONAL CAPITAL TERRITORY of Delhi and designated the administrator of Delhi as the LIEUTENANT (lt.) GOVERNOR. It created a LEGISLATIVE ASSEMBLY and COUNCIL of MINISTERS for Delhi. (*previously Delhi had a metropolitan council and an executive council.)
The strength of the assembly is fixed at 70 members, directly elected by people.
The elections are conducted by the election commission of India.
The assembly can make laws on the matters of the state list and the concurrent list except the three matters of the state list, that is, public order, police and land. *LAWS OF PARLIAMENT PREVAIL OVER THOSE MADE BY THE ASSEMBLY.
- COMPOSITION:
The strength of the council is fixed at 10% of the total strength of the assembly, i.e. 7 (CM+6 ministers)
The CM is appointed by the President (NOT by the lt.governor).
The other ministers are appointed by the president on the advice of the CM.
The ministers hold office during the pleasure of the president.
- FUNCTION:
The council of ministers is collectively responsible for the assembly.
The council of ministers headed by CM aid and advice the lt.governor in the exercise of his functions except in so far as he is required to act in his discretion.
In case of difference of opinion between the lt.governor and his ministers, the lt.governor is to refer the matter to the president for decision and act accordingly.
In case of failure of the constitutional machinery, the president can impose his rule in the territory. This can be done on the report of the lt.governor or otherwise. (*this provision resembles Article 356 which deals with the imposition of Presidents Rule in states)
Lt.governor is empowered to promulgate ordinances during recess of the assembly (an ordinance has a same force as the the act of the assembly). Every such ordinance must be approved by the assembly within six weeks from its reassembly (he can also withdraw an ordinance at any time) but he cannot promulgate an ordinance when assembly is dissolved or suspended. Further no such ordinance can be promulgated or withdrawn without the prior permission of the president.
Administrative system of UTs at glance:
- Andaman & Nicobar Is.> Lt. Governor > NO legislature > under Calcutta High Court
- Chandigarh > Administrator > NO legislature > under Punjab and Haryana High Court
- Dadra & Nagar Haveli > Administrator > NO legislature > under Bombay High Court
- Daman & Diu > Administrator > NO legislature > under Bombay High Court
- Delhi > Lt. Governor - CM - Council of ministers > legislative assembly > own separate High Court
- Lakshadweep > Administrator > No legislature > under Kerla High Court
- Puducherry > Lt. Governor - CM - Council of ministers > legislative assembly > under Madras High Court
Compare States and UTs
- States relationship with centre is FEDERAL while UTs are UNITARY
- States share distribution of power with centre while UTs are under the direct control of the centre
- States have AUTONOMY while UTs DO NOT HAVE ANY AUTONOMY
- States have UNIFORMITY in Administrative set-up while there’s NO UNIFORMITY in case of UTs
- States EXECUTIVE HEAD is known as GOVERNOR, while that of UTs is known by many designations–administrator, lt.governors or chief commissioner
- A governor is a CONSTITUTIONAL HEAD of the state while administrator is an AGENT
- Parliament cannot make laws on the subjects of the state list in relation to the states except under extraordinary circumstances on the other hand it can make laws on any subject of three lists in relation to UTs
Advisory Committees of UTs
Under the Government of India (Allocation of Business) Rules 1961, Ministry of Home Affairs is the nodal ministry for all matters of Union Territories relating to legislation, finance and budget, services and appointment of Lt. Governors and Administrators.
All the five UTs without a legislature (Andaman and Nicobar Islands, Chandigarh, Daman and Diu, Dadra and Nagar Haveli, and Lakshadweep) have the forum of Home Minister’s Advisory Committee (HMAC), on which, besides the Administrator and Member of Parliament from the respective UT, members from the local elected bodies, e.g., District Panchayats and Municipal Council / Committees are nominated as members.
Meetings of the HMAC are chaired by the Union Home Minister, or, in his absence, by the Minister of State in the Ministry of Home Affairs.
The Committee discusses the general issues relating to social and economic development of the Union territories.
